What can you do if you want to leave a nursing home? 3 Answers as of April 18, 2014

my friend's father is in a "near end of life" memory care unit and only has mild dementia per his doctor. his is 89 years old and until January was driving and making decisions until a fall landed him in this unit. his admittance was based on information supplied by his current wife. his daughter was not notified until March 20th regarding her father's health. he feels he is being held against his will and the current wife has told all that he will not leave the nursing home. this gentleman is competent at this point and is aware of how this decision to leave this facility will affect him. Can he leave this facility under his own power with his current wife having POA (unknown how she got it) and forbidding his to leave.

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Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Unless he is adjudicated incompetent, he is an adult and can do as he wishes. As for the power of attorney, he should revoke it is the person possessing it is not doing his will or following his instructions.
Answer Applies to: Michigan
Replied: 4/18/2014
Sebby Law Office
Sebby Law Office | Jayne Sebby
Unless his wife or someone else has been appointed by a court as this man's guardian (not just POA), no one can prevent him from refusing medical care and leaving the facility. However, after he has done so, anyone can call Adult Protective Services and ask that they review the situation. Furthermore, just because he wants to return home doesn't mean that he can be properly cared for at home, even with in-home health services. His decision will impact his wife directly and she has a right to have some say in the matter.
Answer Applies to: Nebraska
Replied: 4/18/2014
Lawyer for Independent Media
Lawyer for Independent Media | Sue Basko
The man will probably need a lawyer and a doctor. He may also need his daughter's assistance and possibly her willingness to have him live with her. He may need to give power of attorney to his daughter rather than to his wife.
Answer Applies to: California
Replied: 4/18/2014
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